We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.
You agree to be bound by these TOU, and indicate such agreement by any use of this site. If you do not agree to these TOU, do not access and use this site.
Subject to these TOU, Therapick.com hereby grants you the right to access and use this Web site. Unless otherwise specified herein, or agreed-upon by us, this site is for your personal, non-commercial use only. We retain all rights with respect to this site except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on this site unless specifically authorized in writing by us to do so. You agree not to frame, or assist third parties in framing, any of the Web pages contained in this site. Such framing is strictly prohibited under this Agreement. The content on this site is the proprietary property of Therapick.com and/or its business partners and is protected by U.S. and international copyright and other intellectual property laws. Certain names and logos are trademarks and service marks of Therapick.com and third parties and may not be used without permission.
LINKS TO THIRD PARTY SITES
The Therapick.com Web site may contain links or produce search results that reference links to third party Web sites ("Linked Sites"). Therapick.com has no control over these Linked Sites or the content within them. We cannot and do not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web access device. By using this site to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Therapick.com for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know by contacting Customer Support at firstname.lastname@example.org.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Therapick.com that you will not use this site for any purpose that is unlawful or prohibited by these TOU. You agree not to use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party's use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.
USE OF COMMUNITY SERVICES
If you participate in any discussion forums, chat rooms, listing services, or other service involving the posting of information to the public areas of this site (collectively "Community Services"), you agree that any information, including, without limitation, discussion posts, chat posts, guestbook entries, advertisements, directory listings, Web links, articles, and reviews, posted by you:
shall not be false, inaccurate or misleading;
shall not be fraudulent;
shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
shall not be obscene, bigoted, hateful, or racially offensive;
shall not contain any viruses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
shall not create liability for Therapick.com, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and business partners; and
shall not link directly or indirectly to links you do not have a right to link to or include.
Therapick.com has no obligation to monitor the Community Services. However, we reserve the right to review materials posted to a Community Service and to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion. We reserve the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. Therapick.com does not control or endorse the content, messages, or information found in any Community Service, and, therefore, Therapick.com expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.
Therapick.com is funded by private investment and revenues generated from listing services, advertising, and other commercial transactions. Advertisers and sponsors of this Web site have no influence on editorial content or presentation. Therapick.com clearly identifies all advertisements, sponsorships, and sponsor-related material on this site. We separate this material from medical or health-related content and tools. If you choose to click on an advertisement, Therapick.com is not responsible for the content on the advertiser's site.
The information provided on this site is for educational or informational purposes only and should not be treated as medical or behavioral health care advice. The information is not intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care provider. Please consult your health care provider if you have any questions or concerns about your health. The Therapick.com Provider Directory is offered solely as a courtesy to visitors of our site. Therapick.com does not examine, determine, or warrant the competence of any mental health professional or treatment facility listed in the directory. Use of the directory to locate a mental health professional or facility is wholly voluntary and will not result in any liability against Therapick.com. In no event shall Therapick.com be liable for damages to any user of the directory for the voluntary selection of any professional or facility, for the services provided by any professional or facility listed therein, or for any other damages which may occur. Therapick.com cannot and does not provide any warranties related to the information contained in or resulting services from a professional or facility listed in the directory. Therapick.com recommends that you check the certification and/or licensing of any mental health professional or other health care provider with the applicable state licensing Board or authorities and that you verify that the professional or treatment facility has current malpractice insurance coverage. Therapick.com does not promise that this site will be error-free, uninterrupted, nor that this site will provide specific results from your use of any content, search or link on it. We do not warrant or represent that files you download from this site will be free of viruses or other harmful features.
THIS SITE AND ALL CONTENT CONTAINED WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERAPICK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THERAPICK.COM MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR CONTENT CONTAINED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THERAPICK.COM, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS SITE. IN NO EVENT SHALL THERAPICK.COM'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF THERAPICK.COM'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO THERAPICK.COM FOR ACCESSING THIS SITE.
ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; and (b) you will only use this Web site in accordance with these TOU.
You agree to indemnify and hold Therapick.com and its partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of Orange, and further agree that any cause of action arising under this Agreement shall be brought in such venue. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Therapick.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between you and Therapick.com with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
THERAPICK SERVICE AND USE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.
"Therapick" is an interactive on-line service operated by Therapick, ("Therapick") consisting of information services and content provided by Therapick, affiliates of Therapick and other third parties. "Client" means each person who accesses Therapick for access to and use of Therapick information or establishes a connection ("Account") for use of its services.
(A) Therapick is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Therapick.
(B) Therapick does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Therapick. Reliance on any information provided by Therapick, Therapick employees, others appearing on Therapick at the invitation of Therapick, or other visitors to Therapick is solely at your own risk.
(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Therapick, sets forth the terms and conditions that apply to Client's use of Therapick. By using Therapick, Client agrees to comply with all of the terms and conditions hereof.
The right to use Therapick is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client's Account and for ensuring that all use of Client's Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s).
(D) Therapick shall have the right at any time to change or discontinue any aspect or feature of Therapick, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Therapick shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Therapick, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Therapick, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Therapick by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Therapick and all charges related thereto.
5. Client Conduct.
(A) Client shall use Therapick for lawful purposes only. Client shall not post or transmit through Therapick any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory,invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a Client that in the sole discretion of Therapick restricts or inhibits any other Client from using or enjoying Therapick will not be permitted. Client shall not use Therapick to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Therapick.
(B) Therapick contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Therapick are copyrighted as a collective work under United States copyright laws.
Therapick owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Client may download copyrighted material for Client's personal use only provided that the following notice is included on such materials: "Copyright 2009, Therapick." Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Therapick and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Client shall not upload, post or otherwise make available on Therapick any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of Therapick, Client automatically grants, or warrants that the owner of such material has expressly granted Therapick the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Client also permits any other Client to access, view, store or reproduce the material for that Client's personal use. Client hereby grants Therapick the right to edit, copy, publish and distribute any material made available on Therapick by Client.
(D) The foregoing provisions of Section 5 are for the benefit of Therapick, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) CLIENT EXPRESSLY AGREES THAT USE OF THERAPICK IS AT CLIENT'S SOLE RISK. NEITHER THERAPICK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT THERAPICK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THERAPICK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THERAPICK.
(B) THERAPICK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
CLIENT SPECIFICALLY ACKNOWLEDGES THAT THERAPICK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
(D) IN NO EVENT WILL THERAPICK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THERAPICK OR THE THERAPICK SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THERAPICK. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THERAPICK.
(E) IN ADDITION TO THE FOREGOING, NEITHER THERAPICK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THERAPICK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, THERAPICK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Therapick shall have the right, but not the obligation, to monitor the content of Therapick, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Therapick and to satisfy any law, regulation or authorized government request. Therapick shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Therapick. Without limiting the foregoing, Therapick shall have the right to remove any material that Therapick, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Client agrees to defend, indemnify and hold harmless Therapick, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Therapick by Client or Client's Account.
Either Therapick or Client may terminate this Agreement at any time. Without limiting the foregoing, Therapick shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Therapick, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Therapick and each of their logos are trademarks of Therapick. All rights are reserved. All other trademarks appearing on Therapick are the property of their respective owners.
11. Third Party Content.
Therapick is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Therapick has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Therapick, are those of the respective author(s) or distributor(s) and not of Therapick.
Neither Therapick nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Therapick represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Therapick. Therapick neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Therapick by anyone other than authorized Therapick employee spokespersons while acting in their official capacities.
Under no circumstances will Therapick be liable for any loss or damage caused by a Client's reliance on information obtained through Therapick. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Therapick. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Therapick constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Therapick, or in any way relating to your use of Therapick, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Therapick or its subsidiaries, employees, contractors, officers, directors, and content providers.
No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
Therapick respects the rights of all copyright holders and in this regard, Therapick has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Therapick's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(D) Information reasonably sufficient to permit us to contact the complaining party.
(E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Children's Privacy.
Therapick is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
15. Advertisements and Links.
Therapick does not endorse the content on any third-party websites. Therapick is not responsible for the content of linked third-party sites, sites framed within Therapick, or third-party advertisements, and does not make any representations regarding their content or accuracy.
Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Therapick does not endorse any product advertised on Therapick.